A federal judge in New Orleans says he expects to seat a jury Tuesday to hear the Justice Department's retrial of a former New Orleans police officer who shot and killed a man outside a strip mall after Hurricane Katrina.

For the second time in three years, a federal jury is set to hear the Justice Department's case against a former New Orleans police officer who shot and killed a man outside a strip mall in Hurricane Katrina's aftermath.

PROSECUTION HAS RESTED ITS CASE IN THE RETRIAL OF FORMER NEW ORLEANS POLICE OFFICER DAVID WARREN. WARREN IS CHARGED IN THE DEATH OF 31-YEAR-OLD HENRY GLOVER -- VIOLATING HIS CIVIL RIGHTS AND USING A WEAPON IN A VIOLENT CRIME. WARREN WAS GUARDING A POLICE SUBSTATION FROM A SECOND-FLOOR BALCONY WHEN HE SHOT GLOVER IN 2005. HE PREVIOUSLY TESTIFIED THAT HE THOUGHT GLOVER HAD A GUN. WARREN WAS CONVICTED OF MANSLAUGHTER IN 2010 -- BUT A FEDERAL APPEALS COURT OVERTURNED THAT CONVICTION. U-S ATTORNEY KENNETH POLITE..